VACATE

00A-P119-DEQ · Department of Environmental Quality · 2000-12-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | |No. 00A-P119-DEQ | | | | | |DOUGLAS G. CULLINANE, P.E. | |ORDER VACATING | |CIRCLE C ENGINEERING | |HEARING | |1977 E. Del Rio Drive | | | |Tempe, Arizona 85282 | |( AND ( | | | | | |FILE NO. 20000486 | |ORDER RECOMMENDING DENIAL OF MOTION | | | |TO DISMISS APPEAL AS MOOT | | | | |

By electronic transmission dated December 15, 2000, Appellant Douglas C. Cullinane advised the Office of Administrative Hearings that he is withdrawing his appeal in this matter. Sufficient cause appearing, IT IS HEREBY ORDERED VACATING this matter from the calendar of the Office of Administrative Hearings and remanding it to the Director of the Arizona Department of Environmental Quality (the “Department”) for further action consistent with Mr. Cullinane’s withdrawal. Also pending before the Office of Administrative Hearings is the Department’s December 6, 2000 Motion to Dismiss Appeal (“Motion”). In light of Mr. Cullinane’s withdrawal, IT IS HEREBY RECOMMENDED that the Department’s Motion be denied as moot.

Done this day, December 15, 2000.

_________________________________ Daniel G. Martin Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2000, to:

Jacqueline E. Schafer, Director Department of Environmental Quality ATTN: Lavonne Watkins 3033 North Central Avenue Phoenix, AZ 85012

Cynthia S. Campbell, Esq. Assistant Attorney General Office of the Attorney General 1275 West Washington Phoenix, AZ 85007-2997

Douglas G. Cullinane, P.E. Circle C Engineering 1977 East Del Rio Drive Tempe, AZ 85282

Michelle D. Leach Office of the Attorney General Environmental Enforcement Section, 1275 West Washington Phoenix, AZ 85007-2997

Greg Brown ADEQ Water Quality Division 3033 North Central Avenue Phoenix, AZ 85012

By _______________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826